Vosburg v. Mallory
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. E. B. YVoodrupp, Judge. This is a controversy over a note which plaintiff claims was given him by Mary E. Mallory, deceased, just prior to her demise. The trial court awarded the note to plaintiff, and defendants, Edward B. Mallory, husband of the deceased, and Earl B. Mallory, her son, appeal. Defendant Christensen is the maker of the note, and stands indifferent as between the other parties.
1Opinion of the CourtDeemer, J.
Mrs. Mary E. Mallory died December 16, 1909, leaving surviving her husband, Edward B. Mallory, and a son, Earl B. Mallory, who are the principal defendants in the case. Plaintiff is a brother of the deceased. Deceased was the owner of a note for the sum of $532 (upon which note $100 had been paid), executed by defendant Christensen. This note was secured by mortgage upon real estate in the city of Council Bluffs. Plaintiff claims that deceased gave him the note on December 11, 1909, and that he was the owner thereof at the time of her death. On the other hand, defendants' say that deceased…
2Cases cited20 opinions
- Knight v. TrippCalifornia Supreme Court · 1898
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- Cranson v. CransonMichigan Supreme Court · 1856
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